August 7, 2012

Gerardo Rios

Chief, Air Permits Office (Air-3)

EPA Region IX

75 Hawthorne Street

San Francisco, CA 94105

,I (530) 757-3650 . (800) 287-3650 • Fax (530) 757-3670

ECEI Ei

AUG 1 3 2012

Permits ~Jiiice Air-3

U.S. EPA, Region 9

SUBJECT: Requested Clarifications of Rule 3.24 and 40 CFR 51.166

Mr. Rios:

Yolo-Solano Air Quality Management District (District) received the request from your office to clarify

sections related to Rule 3.24, Prevention of Significant Deterioration (PSD), and how requirements from

3.4, New Source Review (NSR), satisfy specific PSD Program requirements of 40 CFR 5 1.166. The

District understands that EPA is interested in providing assurance that the PSD Program will be

implemented in a manner consistent with all underlying regulations.

To that end, District staff offers the attached response to your request to provide clarification regarding

the District’s intentions with respect to implementing the PSD Program upon EPA’s approval of Rule

3.24 into the State Implementation Plan (SIP).

If the District’s response is not satisfactory or if you have further any questions or comments please

contact Paul Hensleigh at (530) 757-3650.

Sincerely,

Mat Ehrhardt, P.E.

Air Pollution Control Officer

Attachment

1947 Galileo Ct., Suite 103 • Davis, California 95616

a

F:\RULES\Development\Rule3 .24 Clarification letter to EPA.docx
Rule 3.24 Clarifications

1. Requested Clarifications Concerning Certain Requirements of 40 CFR 51.166

“40 CFR 51. l66(p)(1) — Notice to EPA. The plan shallprovide that the reviewing authority shall

transmit to the Administrator a copy of each permit application relating to a major stationary

source or major modification and provide notice to the Administrator of every action related to

the consideration ofsuch permit.”

This requirement is met to a certain extent by section 400 of Rule 3.24 which requires the District

to provide EPA notice of the preliminary determination and to make the application and final

determination materials available for public review, which presumably includes EPA.

This letter is confirmation that the District commits to provide EPA a copy of each permit

application relating to a PSD Major stationary source or PSD major modification, and to provide

EPA notice of every action related to the consideration of such permit, as required by

51.166(p)(l). Additionally, the District commits to incorporate the provisions in 40 CFR

5l.l66(p)(l) the next time Rule 3.24 is open for revisions.

2. Date Rule 3.24 Incorporates 40 CFR 52.21 by Reference

The text of Rule 3.24 which was submitted to the California Air Resources Board (ARB) and

subsequently to EPA inadvertently didn’t include the specific date the rule was supposed to

incorporate 40 CFR 52.21 by reference. Instead, Rule 3.24 section 103 says 40 CFR 52.21 is

incorporated as “in effect on (date of adoption or July 1, 2012 if adopted after that date)”. Since

our rule was adopted on June 13, 2012, that is the effective date for incorporation. The District

has re-submitted the corrected rule language to ARB and requested they forward it to EPA.

3. Program Transfer

Statement Pursuant to Section 11 0(a)(2)(E)(i) of the Clean Air Act

Pursuant to Section 11 0(a)(2)(E)(i) of the Clean Air Act, below is a written statement and

citations to demonstrate that the District has authority under State and/or local law to enforce the

PSD program within the District.

The District has the primary responsibility for regulating air pollution from all stationary sources

within our jurisdiction (see California Health & Safety Code (H&SC) sections 39002 and 40000).

The ARB regulates mobile sources of air pollution. Under State law, the District is required to

adopt rules to achieve and maintain ambient air quality standards and to enforce the provisions of

local, State and federal air quality laws (see H&SC section 4000 1(a)).

The District is not delegated by EPA to implement the PSD program. However, on June 13, 2012,

the District adopted Rule 3.24 which, if approved by EPA, will allow the District to administer

the PSD permit program for sources located within our jurisdiction. Upon approval of the PSD

program, the District is authorized by state law to enforce its rules, regulations and orders,

including conditions that will be contained on District-issued PSD permits (see H&SC §~

40752(b); 41513; 42402-42403).

Accordingly, the District has adequate legal authority to enforce the PSD program.

F:\RULES\Development\Rule3 .24\Clarification letter to EPA.docx